Patna High CourtCR. MISC./76191/2019bail granted

Rupak Kumar Choudhary @ Rupesh Choudhary v. The State Of Bihar

2019-11-26Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76191 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- CHANDAN District- Banka ====================================================== Rupak Kumar Choudhary @ Rupesh Choudhary Son of Abhay Choudhary @ Abhay Kumar Choudhary Resident of Village - and P.S.- Katoriya, Distt - Banka. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under section 7 of the E.C. Act.

As per the allegation in the FIR, 60 plastic bags containing 45 kg. each of rice, is alleged to have been taken in the pick-up van of the petitioner for black-marketing. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the said rice. He was just the owner of the pick-up van which was being used for commercial purpose for transportation of rice etc. In support of his contention the petitioner refers to the cash memo brought on record as Annexure 3 to the application. It is further submitted that the petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.76191 of 2019(2) dt.26-11-2019 2/2 Having heard learned counsel for the parties and taking into consideration the nature of allegation and that the petitioner has no criminal antecedent, the court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of his arrest or surrender in the court below within a period of six weeks from today in connection with Chandan P.S. Case No. 30 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Banka subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U